Darkisem: Applying for Maternity Leave, Even Getting Fired, Intimidated, and Cheated by Company

Darkisem: 

Applying for Maternity Leave, Even Getting Fired,  Intimidated, and Cheated by Company

INFO GSBI-Bekasi City. Darkisem binti Cariman, a women and mother of 4 (four) children, was born in Indramayu - West Java May 23, 1977. She was a women workers at PT. Sungintex (Sioen Indonesia) since February 23, 2014 was placed for the first time in the production section, then transferred to the Sample, until fired by the company on November 24, 2017.

Darkisem Binti Cariman been works in the sample section with a wage of  3,300,000 IDR (three million three hundred thousand rupiah) per month,  or equivalent to 235.70 USD/ month. The wages should be received at  3,915,353.71 IDR  (three million nine hundred fifteen thousand three hundred fifty three point seventy one rupiah) or equivalent to  279.60 USD, in accordance with the Decree of the Governor of West Java No. 561/Kep.165-Yanbangsos/2017, dated November 21, 2017.

Darkisem works with the contract work system, with a contract extension for 4 (four) times with a contract duration of 6 (six) months, but never gets a copy of the contract agreement.

In November 2017, entered 8 months of gestational age, darkisem proposed for maternity leave, proposed letter was send through the Planning section of the Sample Department.

With a long and complicated process and tend to be difficult to get leave rights to have to face the HRD Manager of the company. "Arrived at the HRD Manager room. After the pleasantries, the HRD manager straightforwardly said: Darkisem was fired! ". Poor Darkisem,  instead of getting maternity leave rights, but instead getting cursed, intimidated and fired, with the reason the contract period was over.  Though the last contract agreement signed should be end on 15 February 2018.

For the problems that her experienced, Darkisem then complained to the SBGTS-GSBI Trade Union in PT. Sungintex (Sioen Indonesia) where she is a member of the union, even as a founder of the SBGTS-GSBI Trade union within PT Sungintex (Sioen Indonesia) which was formed in February 2017.

Accompanied by the leadership of SBGTS-GSBI PT. Sungintex (Sioen Indonesia), there was several times  Bipartite negotiations with the company, but the negotiation was no have meeting point. the management of Sungintex (Sioen) stay in their decision to fired Darkisem,   and only promised to pay maternity leave and salary from the remaining term of the contract.

"Whereas the contract work system conducted by PT. Sungintex against Darkisem violates the provisions of Article 59 of Labor Law No. 13 of 2003 including this termination action violates (contradicts) the provisions of Article 153 paragraph 1 point e of the Labor Law No. 13 of 2003 (Indonesian law) which reads, "the entrepreneur is prohibited from terminating the employment of a worker/ labourer because of the following reasons:...(e). The worker/labourer is absent from work because she is pregnant, giving birth, having a miscarriage, or breast-feeding her baby". This was explained by Ani Nurhayati, as the Chairperson of SBGTS-GSBI of PT Sungintex (Sioen Indonesia).

Because there was no have deal  and clarity in the Bipartite process, on January 31, 2018 Darkisem bint Cariman through PTP. SBGTS-GSBI PT Sungintex (Sioen Indonesia) reported the case to the Manpower office of Bekasi City  for Mediation.

On July 16, 2018 the Manpower Office of Bekasi City issued a Mediation Recommendation and on October 2, 2018 the Bekasi City Manpower Office also issued a Mediation Minutes, which essentially stated:

•  Implementation of Specific Time Work Agreements (PKWT) or Contract work systems that carried out by PT Sungintex (Sioen Indonesia) against Darkisem binti Cariman is not justified and contravenes Labor Law No. 13 of 2003 Article 59 paragraph (7) Yunto Kepmenakertrans RI no . Kep.100 / MEN / VI / 2004 and the employment relationship of Darkisem bint Cariman by law became an Indefinite Time Work Agreement (PKWTT) or was determined to be a Permanent Worker.
•  Ordered PT Sungintex (Sioen Indonesia) to re-employ Darkisem binti Cariman on 1 August 2018.
•  Ordered PT Sungintex (Sioen Indonesia) to pay salary of Darkisem binti Cariman from March 2018 to July 2018 in accordance with West Java Governor Decree No. 561 / Kep.165-Yanbangsos / 2017 dated November 21, 2017 in the amount of  3,915,353.71 IDR (three million nine hundred fifteen thousand three hundred fifty-three point seventy-one rupiahs) as well as money for the religious holiday allowance for 2018. 

The managemet of PT. Sungintex (Sioen Indonesia) does not willing to implement  the recommendation and mediation minutes  that issued by the Manpower office of Bekasi City, and invited Darkisem to bring the case to Relation Industrial Court.

In order to get justice, on September 12, 2019 Darkisem Binti Cariman through the central board of GSBI based on Special Power of Attorney dated June 9, 2019,  registered a lawsuit  to the Industrial Relations Court (PHI) in Bandung, West Java-Indonesia. And on September 20, 2019 the Industrial Relations Court (PHI) Bandung-West Java issued the first Release of the Summon to be held on October 2, 2019.

Before the release of a subpoena from the court, the case of Darkisem was lonely, and Darkisem never been face intimidation or offered something from management of PT. Sungintex (Sioen Indonesia). But after the release of this subpoena,  Darkisem began to get interference, intimidation and pressure allegedly carried out by people from the company. Until finally,  Darkisem binti Cariman asked to sign 3 (three) documents which she said as a condition to withdraw BPJS Employment funds (old age savings funds),  turned out it was a statement revocation of power of attorney from Central Board of GSBI  as well as joint Agreement for Settlement of cases, related her lawsuit case at Industrial Relation Courth Bandung, West Java).

The following is the story of Darkisem Binti Cariman for her cases: 

"If I'm not mistaken, on September 27, 2019 around 16:00 WIB,  Erita Tampubolon (a former laborer of PT. Sungintex (Sioen Indonesia) came to my rented house. She said that she visited by accident because she was visiting her friend's house, but the person who she was looking for  was not at home and then stopped by my house. In a conversation with Erita Tampubolon, she first offered me a job, then offered to help with the disbursement of my old age allowance (BPJS Employment) on the grounds that my child who was sick of the syndrome (a bone growth disorder) could seek treatment back to the doctor.

For this offer, I refused by stating that my case had not yet been completed with PT Sungintex (Sioen Indonesia) and still proceeding in court (PHI –Bandung). However, according to Ms. Erita Tampubolon, it was not a problem even though her case is being processed in court, and she promised to help by confirming to BPJS could or not to disbursement of my old age allowance. Ms. Erita Tampubolon also promised me that she would go to PT. Sungintex (Sioen Indonesia) to ask for money to buy milk for my child who is sick because she said she felt sorry for me and my child,".

Honestly I did not have any thoughts at that time, just glad there was someone who wanted to help amid the economic hardships of the family, especially the need for money to seek treatment for my child.

I didn't think, I would be cheated, manipulated or anything.
On September 29,  I called Ms. Erita Tampubolon asked about the process of disbursement of my old age allowance  that she promised. And according to Ms. Erita Tampubolon based on her confirmation to the BPJS Employement that my old age allowance can be disbursement, but the requirement I should to revoke my lawsuit case in the Industrial Relations Court (PHI) and I was prohibited from communicating and speaking with Ani Nurhayati (Chairperson of  SBGTS-GSBI trade union of PT. Sungintex (Sioen Indonesia) on the reasons if I told to Ani Nurhayati,  Ms. Erita Tampubolon could not help me.

Then the next day, on Monday, September 30, 2019, Ms. Erita Tampubolon came back to my rented house to explain that milk money for her child was amount  3  million IDR  (or 214 USD), and asked me to revoke my lawsuit case in Industrial court,  if I want disbursment my old age allowance

Then Ms. Erita Tampubolon handed me 3 (three) papers to be signed by me, which she said was a file for arranging the disbursement of my old age allowance of BPJS Employment.

She was not give me opportunity to read the contents of the 3 (three) letters, including not gave me a copy of the document.

After that, Tuesday, October 1, 2019, if I'm not mistaken, around 10:00 am., Sister. Erita came again to my rented house, offered me 2 (two) papers asking me and my husband to sign it, she said this document is  an refinement from yesterday's document, so that the milk money for my child could be increased to 5 million IDR.

Without thinking I just signed it, because I thought it could be enough to disburse 5 million for family expenses and my child treatment.

On Thursday, October 3, 2019, I was called by Erita, who said that the bank had transferred some 5 million IDR to my account, but she does not explaining the money from the disbursement of my old age allowance  (BPJS Employment) or others. Upon this information, my husband and I then checked into the bank through an ATM and it was true that there was an entrance fee of 5 million IDR.
What makes me confused, on October 13, I was contacted by Erita again, she said tomorrow on October 14, I should went to Industrial Court, Bandung. And on October 14, 2019 October 2019, I was picked up at my rented house, and I even more surprised by the driver and a car that picked me up,  due the driver and the car  is PT Sungintex owned, and the car  drived to Cikarang to picked up Mrs. Merry Lusinta Sitanggang (HRD Manager of PT. Sungintex (Sioen Indonesia). She said would invited me to the Industrial Relations Court (PHI) Bandung to deliver the document I signed.

When we arrived at Bandung Industrial Relation Court,  I was not allowed to go down, they told me to wait in the car. The one who came down were Mr. Erita and Mrs. Merry, but soon returned and  they said,  they wanted  to give  the document, but the judge was not there.

It seems like the document was not given to the Judge, then I was invited to go around before being invited to lunch at Bale Gazebo.  After lunch we back home to Bekasi and when we arrived in Cikarang Mrs. Merry (HRD Manager of PT. Sungintex) said to me, "later Wednesday comes again with your husband". after that I was taken home to my rented house.

On October 15, Ms. Erita called me to remind me that tomorrow (Wednesday, October 16, 2019) I should went to Bandung Industrial Relation Court with my husband. The next day (Wednesday, October 16) at around 6:00 a.m. I, my husband and son were picked up in front of the clinic, we went to the bale gazebo not to Bandung Industrial Relation Court. Arriving at the Bale Gazebo Mrs. Merry (HRD Manager of PT. Sungintex) said: "we come here to stand by in case we need it" and it turns out we did nothing just sitting around and eating at Bale Gazebo.

At around 2:00 PM, we went home and on the way home Ms. Merry Lusinta Sitanggang (HRD Manager) told us a lot about the case of Ms. Ani Nurhayati as the chairperson of SBGTS-GSBI PT. Sungintex (Sioen Indonesia), which has been running and being handled by GSBI.  Mrs. Merry said that Ani Nurhayati's case only spend a lot of money and was unsuccessful, but I did not respond, I just kept quiet. Just in mind, why should talk about Ani's case

I just realized and understood that I had been cheated and manipulated by the company after meeting with Ani Nurhayati  on October 18. Mrs. Ani Nurhayati was came to my rented house and asked me about the letter that sent to GSBI central office about revoking the power of attorney  from GSBI central board and withdrawing the lawsuit case at Bandung Industrial Relation Court.  I was confused and I said that I had never made a statement to revoke of power of attorney and never sent a letter to the GSBI Central office.

After that Ani Nurhayati explained me and I just really understood. I am very sorry for my lack of understanding of the labor law and regulations, so that I easily believe with sweet words of Erita who said she wanted to help sincerely and there was no intention whatsoever other than wanting to help me, apparently I was cheated and had unknowingly signed several letters a letter that I myself did not know what was in it and did not have a copy, which turned out to be detrimental to myself.

PT. Sungintex (Sioen Indonesia) is located on Jalan Raya Narogong KM. 12.5 Pangkalan IV Kelurahan Cikiwul, Bantar Gebang District, Bekasi City, West Java. Is a company Belgian owned incorporated into the Sioen Apparel Group that manufactures apparel from various international brands, including; Henri lloyd, Oakley, KLPD, Under Armor, Geox, Lifung, S'Olivers, LBV, Rosignol, Orage, and Federal Policy. [].

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